Legal Separation: What Is It and How Do You Get One?

Family lawyers are often flooded with questions related to separation and divorce from their clients. However, some people tend to get confused and they assume that separation and divorce are same. Practically speaking, it’s totally a wrong. Oakville family lawyers try to make it clear that legal separation is nothing but when two partners decide to stay apart from each other without the intent of coming back together.

Legal Separation

Family lawyers make it a point that as per the Canadian law, there is no need to file for legal separation. As soon as the spouses start to stay separately they can be considered to be legally separated. However, one thing which needs to be cleared that the term ‘legal separation’ can be used for describing the contract which gets created during the time of separation.

One thing which can be kept in mind is that one can remain forever separated without applying for divorce also. Only if a partner wishes to remarry then it would be better to opt for divorce taking the help of Oakville family lawyers.

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Other Reason to Get Legal Separation

Many people are in a dilemma and don’t understands whether legal separation would be a better option for them. Yes staying separately would be far better if one sees that their mental wavelength is not matching with them anymore. Moreover, if spouses find that they are not any more compatible with each other, then opting for legal separation would be idea.

Legal Separation: Two Types

Oakville family lawyers point out that the province of British Columbia, legal separation can be of two forms.

They are:

1. Physical Separation

It is considered to be the easiest forms of separation. The time form which one spouse leave the shared residence can be highlighted during separation. However, due to different issues one spouse may not be able to immediately vacate a place. This is when both parties can leave separately under the same roof, by remaining resolute that they will not be having any physical relationship.

   2 .Permanent Separation

Oakville family lawyers opine that according to the Family Law Act, courts can consider for permanent separation when both parties are not interested to get separated permanently. If the court is satisfied with the evidence then it might give an order to get couples permanently separated. Taking into account the date from which the parties are staying separately can help in filing for divorce later on.

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Getting Legally Separated

Unlike divorce, married spouses can get legally separated. Once the separation process gets initiated Oakville family lawyers can help their clients to make spousal support claims or child support. Here, one thing that must be kept in mind is that only married couples can ask for the division of property after they have been separated. It would help a spouse to secure their future.

Instead of breaking down on the issue of getting separated, it would be better if one handles it in a matured manner. In order to help with the legal issues, it would be better to take the help of an expert.

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